The CFTC adopted several rule amendments in order to better protect whistleblowers from retaliation and intimidation by their employers, and to establish a new review process for whistleblower claims.

As discussed previously, the amendments create a new rule – Rule 165.20 – that (i) prohibits retaliation against a whistleblower or anyone else who assists in an investigation, (ii) authorizes the CFTC to bring civil enforcement actions against employers who retaliate against whistleblowers, and (iii) makes explicit that the anti-retaliation protections apply whether or not an award is made. One effect of the amendments will be to allow both the CFTC and a whistleblower to bring legal actions against employers for retaliation.

The newly adopted amendments also make changes to Rules 165.1-165.19. The amendments will become effective on July 31, 2017.

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